3B:5-3 Intestate share of decedent's surviving spouse, partner in a civil union, domestic partner.

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Intestate share of decedent's surviving spouse, partner in a civil union, or domestic partner.

The intestate share of the surviving spouse, partner in a civil union, or domestic partner is:

a. The entire intestate estate if:

(1)No descendant or parent of the decedent survives the decedent; or

(2)All of the decedent's surviving descendants are also descendants of the surviving spouse, partner in a civil union, or domestic partner and there is no other descendant of the surviving spouse or domestic partner, partner in a civil union, who survives the decedent;

b. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;

c. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate:

(1)If all of the decedent's surviving descendants are also descendants of the surviving spouse, partner in a civil union, or domestic partner and the surviving spouse, partner in a civil union, or domestic partner has one or more surviving descendants who are not descendants of the decedent; or

(2)If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse, partner in a civil union, or domestic partner.

d. For purposes of this section:

"Surviving spouse, partner in a civil union, or domestic partner" shall not include:

(1)an individual who has filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court, or against whom a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court, has been filed for: divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board; or

(2)an individual who has entered into a validly executed equitable distribution cut-off agreement or termination agreement where the underlying subject matter of the complaint or equitable distribution cut-off agreement or termination agreement is divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board; or

(3)an individual who at the time of death of the decedent had:

(a)ceased to cohabit with the decedent under circumstances which would have given rise to a cause of action for divorce or nullity of marriage to a decedent prior to his or her death under the laws of this State; and

(b)where, through written agreement, affirmative acts, or both written agreement and affirmative acts of the individual and decedent there had been a division of assets equivalent to equitable distribution; or

(4)an individual who, at the time of death of the deceased, had entered into a validly executed marital settlement agreement with the decedent where the underlying subject matter of the marital settlement agreement is divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board.

L.1981, c.405, s.3B:5-3, eff. May 1, 1982; amended 2004, c.132, s.46; 2005, c.331, s.2; 2023, c.238, s.1.